Citation Nr: 0701587
Decision Date: 01/19/07 Archive Date: 01/25/07
DOCKET NO. 05-08 881 ) DATE
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On appeal from the
Department of Veterans Affairs Medical Center in Mountain
Home, Tennessee
THE ISSUE
Eligibility for enrollment in the Department of Veterans
Affairs' health care system.
ATTORNEY FOR THE BOARD
J. Meawad, Associate Counsel
INTRODUCTION
The veteran served on active duty from July 1969 to July
1973.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a January 2005 determination by the
Department of Veterans Affairs (VA) Medical Center (VAMC) in
Mountain Home, Tennessee.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
Unfortunately, a remand is required in this case. Although
the Board sincerely regrets the additional delay, it is
necessary to ensure that there is a complete record upon
which to decide the veteran's claims so that he is afforded
every possible consideration.
Generally, a veteran must be enrolled in the VA healthcare
system as a condition for receiving medical benefits. 38
C.F.R. § 17.36 (a). The Secretary determines which
categories of veterans are eligible to be enrolled, based on
enumerated priorities, with nonservice connected veterans
assigned the lowest priority, category 8. 38 C.F.R. § 17.36
(b). Beginning January 17, 2003, VA will enroll all priority
categories of veterans except those veterans in priority
category 8 who were not in an enrolled status on January 17,
2003. 38 C.F.R. § 17.36 (c) (emphasis added).
The veteran does not dispute that he filed his application
for enrollment after January 2003. The veteran essentially
argues that he should be assigned to a difference priority
group as his financial situation has changed and his annual
income is currently considerably less than $31,013. The
veteran's statements raise the issue of entitlement for
eligibility for Priority Group 7 benefits, an issue not
addressed by the AOJ.
Accordingly, the case is REMANDED for the following action:
The AOJ should review the veteran's
statements regarding his current state of
employment and adjudicate the issue of
entitlement to Priority Group 7 health
benefits. The AOJ may develop the case as
needed, to include requesting medical
evidence and/or scheduling a VA
examination.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2005).
_________________________________________________
MICHAEL A. PAPPAS
Acting Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2006).